Can Britain limit Romanian and Bulgarian immigration in 2014?

Andrew Thorpe-Apps argues that measures can be taken to limit the ‘pull factors’ attracting EU migrants.

The Government has refused to issue official estimates of the number of migrants expected to come from Romania and Bulgaria when transitional controls are removed at the end of this year. But a leading think-tank has suggested that the UK can expect around 250,000 arrivals over the next five years. The actual number could be even higher as the 2.5 million Roma in Bulgaria and Romania are a ‘wild card’.

Immigration controls between EU States are only permissible in ‘exceptional’ circumstances under EU law. EU Justice Commissioner Viviane Reding insists Britain cannot restrict the freedom of movement of Bulgarians and Romanians when transitional controls expire. This means a further 29 million people will have unrestricted access to the UK labour market, despite 79% of the British public wanting transitional controls to be extended.

However, there are measures which can be taken to discourage migration within the EU legal framework. Now that the government’s touted ‘negative ad campaign’ has been scrapped, focus can be given to ensuring that Britain’s benefit system is not a further ‘pull factor’ for A2 nationals, such as the 44% of Bulgarians who live below the poverty line. As David Cameron stated, the present system fails the ‘simple common sense test’. Mr Cameron has set up a ministerial Cabinet committee to examine the rules on EU migrants’ access to benefits.

Britain must cooperate with other EU Member States, many of whom share concerns about A2 immigration. German Interior Minister Hans-Peter Friedrich has warned of A2 ‘poverty immigration’. Spain, which already has around 900,000 Romanian nationals, is also concerned. There should be collective Member State lobbying of Brussels to reform the rules on welfare payments to residents from elsewhere in the EU. Britain is supported in arguing for a strengthening of the ‘habitual residency test’ by the Netherlands and Sweden. Collective action by Member States would make it difficult for the EU Commission to take action against apparent infringements.

The Freedom of Movement Directive 2004/38/EC should be interpreted so that only those with a pre-arranged job are entitled to come and live in the UK. Job seekers should not be entitled to travel to the UK with their families. If such individuals cannot support themselves, they should not be entitled to ‘job seekers allowance’, but rather given a free ticket home. Further, jobless EU migrants should be forced to have private health insurance. However, such a move would be inconsistent with current EU law.

EU migrants should only be able to access UK benefits on a contributory basis, meaning that they must have paid enough tax and national insurance first. Iain Duncan Smith is correct in seeking to strengthen the ‘habitual residency test’, which sets out the minimum amount of time one must live in Britain before being eligible for benefits. Presently, this ‘test’ is poorly defined and too easily fulfilled. Migrants should be required to show that they have worked for at least six months in the UK and, preferably, that they have a lease on a home of a year, rather than just a few months.

Child benefit should no longer be paid to non-resident children. The ability of EU migrants to claim child benefit for children living abroad is likely to encourage further migration. This anomaly costs the UK taxpayer an estimated £55million per year. Child benefit for two children equals a week’s take-home pay at the minimum wage in Romania.

The UK government must work with other Member States in pressuring the Commission to allow for these necessary changes to the welfare system.

Andrew read politics at the University of Nottingham before studying law at City University. After a short stint at Conservative Party HQ, Andrew now works in Parliament. Andrew also heads the Conservative youth wing in Essex. He volunteers at his local Citizens Advice Bureau and is a keen cricketer.
Follow Andrew on twitter: @AG_ThorpeApps

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Benefits? We don’t care about benefits…. I don’t know any romanian who’s living on benefits but on the other side, I know shitloads of lazy ass brits who live only on benefits….
English government is just a racist prick, turning everyone else against us, Romanians…. damn frauds… throwing us in the same bucket with the Roma…
Roma = Gypsies ( every country has them, they’re nomads – even you, here in England have them…. )
Romanians = We’re the ones busting our asses every week working .. so that Britains government has the money to pay all the benefits that these lazy brits are asking for them…..
Learn the diiference between Romas and Romanians….
To all you fat ass politicians not knowing the difference…. sincerely, you’re pathetic

dede

Romas that wanted to come in the UK, already did, already beg,already steal, already ask for your benefits..The real Romanians never wanted your benefits, never asked for them and never will. Use those money to culturise your children, use those money to teach your people about hard-work and starve. We want the right to work legally in the UK and that includes paying taxes as well. Don’t think Romanians ever threw English people out of our country, so would you?

Daniel Duma

oh yeah ! discrimination is everywhere !! let everybody work and travel anywhere .. so they pay taxes where they do that !! more money for those countries .

Sandor

Why can’t you come up with a law and just send the people who beg or sing home and never to allow them back…The gypsies are a week nation once you put them to actual fear.

Why is it that romanians, bulgarians and a lot of nationalities have to suffer because these so called ROMA posses some passports.

Kick them out and let the hard working people alone.

AND do not give any benefits to anybody until they have actually worked for 5-6 years and payed taxes.

Ildiko Gerculy

You people are so wrong! You are not even able to do the difference between Romanians and gypsies, and you are posting all this craps about Romanians and using pictures with gypsies! I have only one word for what British government is doing and planning to do with us, and that is called DISCRIMINATION!!!
Isn’t here a law for that???
Signed by:
A PROUD ROMANIAN!!!!!!!!!!!!!!!!!!
P.S: I said Romanian, NOT gypsy, please learn to make the difference

Corina

And if you’re scared about the gypsies! Make a law, near enough like the communists did, if you find them on streets, begging or singing or selling flowers or whatever else they do, ask them if they have permit to work or do the thinks they do and if they don’t, send them back home. We can stand them anyway!!!!!

Corina

We don’t care about your stupid benefits, that is not what we a looking for! And we don’t mint paying you taxes, we’re happy just to have somewhere to work, for us, winning on a week what we use to win on a month in Romania is enough! And most of my co-nationals are going back to Romania to spend the rest of their life’s!